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Drainage dilemma

One such complainant was Michelle Ovitt, who lives at 19 Dorwood Drive.

According to Ovitt, the drainage problems caused by the land led to the flooding of her yard nearly every time a big storm hit.

"There was no system to take the water, so the drywalls would fill up when it would rain," she said.

Ovitt said that the original piping system that comes from the parcel of land ends on her yard, which is why storm water would drain from their pipes to her yard, causing flooding.

Ovitt also said she went to the firehouse with her complaints several times, and while the problems spanned several years, the town finally came to fix it in November 2008.

"My fence is still a mess," she said. "But I'm still waiting for a big downpour to see if the problem is really fixed."

According to Clarke, the fire department could sue the town should the town not assume responsibility for the damage of the residents' homes.

During the Feb. 26 discussion, Magguilli said he would like to have a third-party inspector evaluate the issue to determine if the town is at fault.

As of press time, Magguilli said nobody has been to the land to evaluate it yet, but that the town is working on following up on the discussions with the fire department.

"We're just proceeding as planned," he said, commenting that now that the weather is beginning to warm, it will be easier to have someone look at the land.

Arnest Zilgme, who was the town attorney during the time that spoils were dumped at the 1-acre parcel, said he does not know why the deed was not recorded for such a length of time. However, he said, the reason could have been that there was a condition precedent that established the town would be able to do work on the land, signing it over to the fire department once the work had been finished. The work that was being done, according to Commissioner of the Department of Public Works Robert Mitchell, was filling the land with spoils and leveling it off.

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